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UNITED STATES EX REL. SCHAEDEL v. FOLLETTE

Nos. 829 and 830, Dockets 31189 and 32289.

447 F.2d 1297 (1971)

UNITED STATES of America ex rel. John SCHAEDEL, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 13, 1971.

Attorney(s) appearing for the Case

Robert Hermann, The Legal Aid Society, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for appellant.

Brenda Soloff, Office of Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., and Lillian Z. Cohen, Asst. Atty. Gen., on the brief), for appellee.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

ANDERSON, Circuit Judge:

These are consolidated appeals from orders of the United States District Court for the Southern District of New York denying appellant's applications for writs of habeas corpus under 28 U. S.C. § 2254. Both applications challenged the lawfulness of appellant's custody under a 1964 conviction in the County Court, Suffolk County for grand larceny.

At the time of his arrest on January 3, 1963, appellant was vice president of Northeast...

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